QLD Family Law - Stopping Wife from Taking Children Out of Australia?

[Luis]

Hi,

My wife and I moved to China 3 months ago with our three girls, 7, 5 and 4 year old. About six weeks after arriving, she told me she wanted to separate, but share custody of children.

I am now living in an apartment close to the family home and see the children for breakfast and dinner. I told her that I want to move back to Australia, as it is where I feel my support network is.

We don't speak Chinese, both work in an International school here in China. We have a contract til June 2019, but the Principal is willing to terminate the contract early based on our situation. She refuses to move back home, and says that I can leave but not the girls. We are going back to Australia for Christmas, for three weeks.

My question is: What are my rights as the father of the girls under family law to prevent them from leaving Australia once we are back? We are all Australian.

Thank you for your time.

 

[AllForHer]

So, you, mum and the kids are all Australian citizens?

 

[Luis]

So, you, mum and the kids are all Australian citizens?

Yes, my wife and the girls all born in Australia, I've been in Australia for 35 years, and I am also an Australian citizen.

 

[AllForHer]

Okay, so, if you and mum don't have any parenting orders, there are no rules, so if you don't want the kids removed from Australia again, I strongly suggest securing their passports on return to Australia, then organising a family dispute resolution conference with Relationships Australia to negotiate some arrangements around the kids' care.

If you can't secure the passports, then you should file an initiating application with the Court to have the kids' travel restricted and placed on the Airport Watch List.

I hate to say it, but these things can get ugly very quickly, so if it were me, I would maybe use some discretion. In any case, legal advice is also a good idea.

 

[Luis]

Okay, so, if you and mum don't have any parenting orders, there are no rules, so if you don't want the kids removed from Australia again, I strongly suggest securing their passports on return to Australia, then organising a family dispute resolution conference with Relationships Australia to negotiate some arrangements around the kids' care.

If you can't secure the passports, then you should file an initiating application with the Court to have the kids' travel restricted and placed on the Airport Watch List.

I hate to say it, but these things can get ugly very quickly, so if it were me, I would maybe use some discretion. In any case, legal advice is also a good idea.

Thank you. I dont realy wont to go down that pass, but my head is not in the right space at the moment. Ideally, I would like to sort this out amicably with her. Once again thank you.